Kenyan case law
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Seventh Day Adventist Church EA Ltd v Isoge F.C.S. Ltd (Environment & Land Case 42 of 2021) [2021] KEELC 4754 (KLR) (21 October 2021) (Judgment)
✦ The Applicant's claim for adverse possession fails as her possession was with the Respondent's permission and not adverse to the owner's rights.
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Naomi Wangui Kuria v Harrison Karanja Njihia & 3 others [2021] KEELC 1287 (KLR)
✦ The application is dismissed with costs to the 2nd Defendant
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Aden Abdullahi Mohamed v George Dominic Otieno & 2 others [2021] KEELC 1428 (KLR)
✦ The Plaintiff's cause of action is not a boundaries dispute.
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Sukhdev Snigh Laly v Magnate Ventures Limited & anothers [2021] KEELC 1308 (KLR)
✦ The court disallows the application for a Third Party Notice as it is res judicata and an abuse of the court process.
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Patrick Karige Munge v Gurun Investment Limited & 3 others [2021] KEELC 1299 (KLR)
✦ The application is allowed, and a Prohibitory order of injunction is issued stopping any registration or further dealing in the land. The land is to be advertised and sold by public auction to recover the outstanding total decretal sum of Kshs.30,000,000/- due and owing to the plaintiff.
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Lucy Nyambura Peter v Dorcas Wanjiru & 2 others [2021] KEELC 1467 (KLR)
✦ The Plaintiff is the lawful owner of the property and is entitled to exclusive possession and use of the property.
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Azim Taibjee & another v Harish Kumar Bhagwandas Kanabar & another [2021] KEELC 1411 (KLR)
✦ The Plaintiffs/Applicants have failed to meet the established threshold to warrant the grant of the Orders sought.
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Muchiri Karanja v Kenya Railways Corporation [2021] KEELC 366 (KLR)
✦ The proceedings are stayed and the matter is referred to arbitration.
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David Kiprugut Cheruiyot v Land Control Board of Belgut [2021] KEELC 1456 (KLR)
✦ The court held that the Respondent's refusal to grant the consent was un-procedural and contrary to the provisions of Section 16 of the Land Control Act and Article 47 of the Constitution.
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Norah Kenduiywo v Christopher Kiplangat Terer [2021] KEELC 1468 (KLR)
✦ The court issued a temporary injunction restraining the plaintiff from building, developing, planting trees, selling, or interfering with the defendant's interest in the land LR No. Kericho/Itembe/924 pending the determination of the case.
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Odera Obar & Co.Advcoates v Hellen Odido [2021] KEELC 371 (KLR)
✦ The court enters judgment for the Applicant in the sum of Kshs.563,325.28 with interest at 14% per annum with effect from 24th February 2017 until payment in full.
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James Ouko Okumbe v Joshua Abongo Okumbe & another [2021] KEELC 1421 (KLR)
✦ The motion is not merited as it is devoid of material facts on the decision the appellant is dissatisfied with and aggrieved against.
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Douglas Muindu Mbuvi v Inspector General of Police & 3 others;Cluster 2 Neighbours Residents Association (Interested Party) [2021] KEELC 1365 (KLR)
✦ Conservatory order granted to respondents to preserve disputed wayleave and water pipe, pending trial
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Rurigi Enterprises Limited v A Bauman & Company Limited [2021] KEELC 4766 (KLR)
✦ The Application is meritorious and granted in terms of prayers 2, 3, 4 and 5 thereof.
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Erastus Riungu Mutiga & another v Nairobi City County Government & 2 others; National Environmental Management Authority (Interested Party) [2021] KEELC 1237 (KLR)
✦ The court lacks original jurisdiction to hear the petition as it was not brought after exhausting the dispute resolution mechanisms under the Physical Planning Act and Environmental Management and Coordination Act.
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Stephen W. Maina v Francis Otiso Onchomba & another [2021] KEELC 1455 (KLR)
✦ The court held that the matter was not a boundary dispute and that the court had jurisdiction to hear the suit. The court also dismissed the Appeal.
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Joseph Kamau Muhoro v Attorney General & another [2021] KEELC 1457 (KLR)
✦ The Plaintiff's Application is Devoid of merits and is hereby Dismissed
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Benard Doel Makabuni v Leonard Ndemo Ombachi t/a Ombachi & Co. Advocates [2021] KEELC 4767 (KLR)
✦ The court finds the application statute-barred and the Applicant lacks capacity to institute the application. The Respondent was not wrongfully added as a party.
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Republic v Kisii County Land Registrar & another Ex-Parte SBM Bank (Kenya) Limited; Thomas Ogeto Kebisa & another (Interested Parties) [2021] KEELC 1351 (KLR)
✦ The application is time barred as it was filed after the expiry of six months from the date of the judgment, order, decree, conviction or other proceeding.
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Nicholas Onyuna Aura v David Otieno Oduor [2021] KEELC 1449 (KLR)
✦ The administrator cannot revive an abated suit against the respondent.
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Republic v Cabinet Secretary Ministry of Interior & Coordination of National Government & another Ex parte Hydro Bakery Limited & 3 others [2021] KEELC 1399 (KLR)
✦ The Ex-parte Applicants are entitled to an order of mandamus compelling the Respondents to settle the decree in Kisii HCCC No. 132 of 2008.
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Karim Ojiambo Abudo v Dorothy Sikada Ogombo Bwire & another [2021] KEELC 1499 (KLR)
✦ The court dismissed the plaintiff's suit for lack of merit, finding that the plaintiff did not make out a case against the defendants to be entitled to the orders sought.
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Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2021] KEELC 1453 (KLR)
✦ The plaintiffs' application for contempt of court against the 1st defendant is dismissed with costs as the plaintiffs have not proved the alleged contempt to the required standard.
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John Patrick Machira & another v Simon Karanja Wainaina & another); Applicant: Margaret Muthoni Mwangi [2021] KEELC 1341 (KLR)
✦ The court finds that the applicant has not satisfied the criteria for joinder as a defendant and will only admit her as an interested party within the framework of Order 1 rule 10(2) of the Civil Procedure Rules.
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Joseph Ombati Nyamwembe v Joseph Mogeni Nyangweso [2021] KEELC 1297 (KLR)
✦ The suit is hereby reinstated with no orders as the Plaintiff was not heard and the Defendant did not assist the court in taking steps to fix a hearing date.